[Federal Register Volume 59, Number 9 (Thursday, January 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-913]


[[Page Unknown]]

[Federal Register: January 13, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration
[Docket No. 940107-4007]

 

Foreign Availability Determination for Certain Telecommunications 
Transmission Equipment Controlled by ECCN 5A02A(a)

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice of positive determination.

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SUMMARY: Under section 5(f) of the Export Administration Act (EAA) and 
part 791 of the Export Administration Regulations (EAR), the Department 
of Commerce determined on January 10, 1994, that foreign availability 
exists within the meaning of the EAA and the EAR for certain 
telecommunications transmission equipment to all COCOM-controlled 
destinations. The United States Government controls this equipment 
under ECCN 5A02A(a) of the Commerce Control List (CCL) (15 CFR 799.1, 
Supplement 1) of the EAR.
    On October 6, 1993, the United States removed the national 
security-based validated export license requirements for exports of 
this telecommunications transmission equipment to most non-controlled 
countries by making this equipment eligible for export under General 
License GFW (58 FR 52179). The October rule revised ECCN 5A02A and 
other entries on the Commerce Control List to conform to changes in the 
International Industrial List maintained by governments participating 
in COCOM (the Coordinating Committee for Multilateral Export Controls). 
However, a validated export license continues to be required to the 
following non-controlled destinations: Iran, Syria, Country Group S, 
and the South African military and police. A validated export license 
also continues to be required for exports of this equipment to all 
controlled destinations: Country Groups Q, W, Y, and Z, and the 
People's Republic of China.
    The January 10, 1994, determination is limited to certain 
telecommunications transmission equipment operating according to the 
synchronous digital hierarchy (SDH) at digital transfer rates up to 623 
million bits per second (mbps), and does not include the design, 
development, and production technology for SDH equipment that United 
States controls under ECCN 5E02A.
    The January 10, 1994, determination does not result in the 
immediate removal of validated licensing requirements for this 
equipment to controlled destinations. As provided for by the Export 
Administration Act, the United States will enter into negotiations with 
its allies so as to preserve our shared security interests with respect 
to this equipment and to reach agreement as to what future export 
restrictions may be necessary to preserve those interests. Consistent 
with the provisions of section 5 of the EAA and part 791 of the EAR, 
the Commerce Department will take appropriate action by May 9, 1994, to 
remove national security-based validated license requirements for 
exports of this telecommunications transmission equipment to most 
controlled destinations.

FOR FURTHER INFORMATION CONTACT: For questions concerning the October 
6, 1993 regulation change (58 FR 52179), contact Dale Jensen, Office of 
Technology and Policy Analysis, Telephone: (202) 482-0730.
    For questions concerning the foreign availability assessment, 
contact Michael Andrews, Foreign Industrial Analyst, Office of Foreign 
Availability, Bureau of Export Administration, Department of Commerce, 
Telephone: (202) 482-0074.

SUPPLEMENTARY INFORMATION:

Background

    Section 5(f)(3) of the EAA and part 791 of the EAR set forth the 
procedures and criteria for determining the foreign availability of 
items controlled for national security reasons. The Secretary of 
Commerce, or the Secretary's designee, is authorized to determine 
whether foreign availability exists.
    With limited exceptions, the Department of Commerce may not 
maintain national security controls on exports of an item to countries 
when the Department determines that items of comparable quality are 
available, in fact, to such countries from foreign sources in 
quantities sufficient to render the controls ineffective in achieving 
their purpose.
    On August 9, 1993, the Office of Foreign Availability (OFA) 
initiated a foreign availability assessment of certain 
telecommunications transmission equipment controlled by ECCN 5A02A in 
response to a claim filed pursuant to section 791 of the EAR. The 
Department published a notice of the initiation of the assessment in 
the Federal Register on September 2, 1993. (58 FR 46625).
    On December 9, 1993, the Assistant Secretary, having considered the 
assessment and other relevant information provided by OFA and other 
concerned agencies, made a preliminary determination that foreign 
availability exists to controlled countries, within the meaning of 
section 5(f) of the EAA and part 791 of the EAR, for certain SDH 
telecommunications transmission equipment operating at digital transfer 
rates up to 623 mbps. Consistent with the EAA, the Department provided 
all interested agencies an opportunity to review and comment on the 
assessment and determination during a one month period.
    On January 10, 1994, the Assistant Secretary made a final 
determination that foreign availability exists for certain 
telecommunications transmission equipment to COCOM-controlled 
destinations.
    As a result of an October 6, 1993, regulatory action (58 FR 52179), 
exports of the above telecommunications transmission equipment no 
longer require a validated license for national security reasons to 
most destinations in Country Group T or V. Subject to the restrictions 
in Sec. 771.2(c), U.S. exporters of this telecommunications 
transmission equipment may export it under General License GFW to most 
destinations in Country Groups T and V. General license GFW is not 
available for exports to Iran, Syria, the People's Republic of China or 
the South African military or police; and the United States continues 
to require a validated license for exports of all telecommunications 
transmission equipment controlled by ECCN 5A02A to these destinations. 
Exporters should also be aware that the Department of the Treasury's 
Office of Foreign Assets Control maintains an embargo on other 
destinations, such as Iraq, Haiti, and the Federal Republic of 
Yugoslavia (Serbia and Montenegro).
    A validated license requirement also continues to apply to exports 
of all telecommunications transmission equipment controlled by 5A02A to 
all destinations in Country Groups Q, S, W, Y, and Z, and the People's 
Republic of China. Foreign policy-based validated license requirements 
remain in effect for exports to Iran or Syria of all equipment 
controlled by 5A02A. All other foreign policy-based validated license 
requirements also remain in effect.
    This determination is limited to certain SDH telecommunications 
transmission equipment operating at digital transfer rates up to 623 
million bits per second (mbps), and does not include the design, 
development, and production technology for SDH equipment that United 
States controls under ECCN 5E02A.
    As mentioned above, the January 10, 1994, determination does not 
result in the immediate removal of validated licensing requirements for 
this equipment to controlled destinations. As provided for by the 
Export Administration Act, the United States will enter into 
negotiations with its allies so as to preserve our shared security 
interests with respect to this equipment and to reach agreement as to 
what future export restrictions may be necessary to preserve those 
interests. Consistent with the provisions of section 5 of the EAA and 
part 791 of the EAR, the Commerce Department will take appropriate 
action by May 9, 1994, to remove national security-based validated 
license requirements for exports of this telecommunications 
transmission equipment to most controlled destinations.

    Dated: January 10, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-913 Filed 1-10-94; 4:55 pm]
BILLING CODE 3510-DT-P